Immediately after the entry-into-force of the Lisbon Treaty in December 2009, which inserted FDI into the framework of the existing Common Commercial Policy, the debate focused on the scope of the new investment power and its implications for the practice of EU treaty-making, whether the...

Following a major economic crisis in late 2001, Argentina undertook several reforms which led to investment disputes before ICSID. The major issue for the tribunals was to establish in which circumstances the ‘state of necessity' doctrine is deemed applicable to a certain situation, which...

Unanticipated consequences -- Bounded rationality and the spread of investment treaties -- A difficult beginning -- Promoting investment treaties -- A less then rational competition -- Narcissistic learning -- Letting down the guard : a case study -- Expanding the bounds of rationality in the...